Power to dismiss
Power to dismiss
- 1998
- Estates Gazette Case Summaries 1998 EGCS 81 (23/5/98) .
"Personal Representatives of WR Rees-Davies (deceased) v Westminster CC" CA 7 May 1998. Executrix of lessee appealed to LT that price of freehold determined by LVT was excessive. Appellant did not lodge expert report for two years. Ordered by tribunal member to lodge report within six weeks. Expert witness had fallen ill. Appellant applied for a further six weeks. Appeal dismissed by tribunal member for want of due diligence. Appeal to CA. Whether discretion to dismiss correctly exercised. Appeal dismissed.
DUE DILIGENCE
ENFRANCHISEMENT
EXPERT WITNESS
LANDS TRIBUNAL
PERSONAL REPRESENTATIVES OF WR REES-DAVIES (DECEASED0 V WESTMINSTER CC
"Personal Representatives of WR Rees-Davies (deceased) v Westminster CC" CA 7 May 1998. Executrix of lessee appealed to LT that price of freehold determined by LVT was excessive. Appellant did not lodge expert report for two years. Ordered by tribunal member to lodge report within six weeks. Expert witness had fallen ill. Appellant applied for a further six weeks. Appeal dismissed by tribunal member for want of due diligence. Appeal to CA. Whether discretion to dismiss correctly exercised. Appeal dismissed.
DUE DILIGENCE
ENFRANCHISEMENT
EXPERT WITNESS
LANDS TRIBUNAL
PERSONAL REPRESENTATIVES OF WR REES-DAVIES (DECEASED0 V WESTMINSTER CC